I asked a question about public school not making accommodations for my seven year old on insulin pump. Your answer was for the school to hire a nurse since they have taken the position and said it is the nurses responsibility. Randy Pope, School Board superintendent told the school nurse "that there is not funding for a full time nurse." They want me to move him to another school further away where he will be safe with a full time nurse. I have reviewed ADA web site and it clearly states that the parent is not responsible for the accommodations. But, they say I have to come up there each day and bolus, because a paraprofessional is, by law, not supposed to touch the pump unless to turn off in emergency. What do I need to do in this situation? Do I mention lawsuit because I think that's where I am headed? I do not want to move him as he has been traumatized enough.

Answer:

I recommend that you ask your school district if they will be providing a school nurse (if it is their position that only a nurse can provide care) on the bus to accompany your son to the school further away. Does your child have a Section 504 in place? If so, the plan should set out the school's responsibilities and parent responsibilities. Also, I recommend that you contact THE ADA at 1-800-DIABETES and ask to speak with our Legal Advocate so we can discuss next steps, which might be to file a civil rights complaint with the U.S. Department of Education/Office of Civil Rights. It would be very helpful if you could ascertain how neighboring school districts are meeting the needs of students with diabetes. Are these school districts training teachers and others to provide care? Is there a school nurse in every school? Again, what is your school district's legal basis for its position that only a nurse may provide care? Does your school district cite prohibition against delegation in your state's laws? Lack of funding does not excuse the school district's legal obligation under Section 504 and other laws to provide care.

Last Updated: Tuesday April 06, 2010 15:10:08
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